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<br />effecti ve date of this Ordinance. The application shall be accompanied by a fee <br />of $50.00 and contain a sworn statement as to the basis upon which the vested <br />rights are asserted together with documentation required by the City and other <br />documentary evidence supporting the claim. The City Manager or his designee <br />shall review the application and based upon the evidence submitted shall make a <br />determination as to whether the property owner shall established vested rights. <br /> <br />2. The City Manager's decision shall be subject to appeal to the City Commission <br />by notice of appeal filed with the City Clerk within ten (10) days of the City <br />Manager's written decision. <br /> <br />Section 5. Appeals. Appeals from the final decision under Section 2 or Section 4 of this Ordinance <br />shall be by the filing of a petition for certiorari in the circuit court of the eleventh judicial circuit in and for <br />Dade County in accordance with the Florida Rules of Appellate procedure for the review of quasi-judicial <br />rulings of municipal corporation. <br /> <br />Section 6. Modification to Exempt Development. Within 120 days of final determination of <br />vested rights under Section 4. above, a property owner shall have the right to file an application requesting <br />a modification to the vested or exempt development notwithstanding the moratorium imposed by this <br />Ordinance. In considering such applications the Commission shall apply all established criteria and land <br />development regulations then in effect, including applicable concurrency regulations. This right to apply for <br />modification does not in any manner vest any rights and such application shall be considered new <br />applications subject to de novo proceedings. <br /> <br />Section 7. Exhaustion of Administrative Remedies. No property owner claiming that this Ordinance <br />as applied constitutes or would constitute a temporary or permanent taking of private property or an <br />application of vested rights may pursue such claim in court unless he or she has first exhausted the <br />Administrative remedies provided in this Ordinance. <br /> <br />Section 8. Replacement of Miami-Dade Countv Code - Moratoria Provisions for a Specific <br />Matter. Notwithstanding the issuance of any administrative moratoria by the City Manager in accordance <br />with the Code of Miami-Dade County, this Ordinance shall replace that administrative moratorium and the <br />provisions of Section 33-319, et seq., of the Miami -Dade County Code concerning building and zoning <br />moratoria. <br /> <br />Section 9. Effective Date. This Ordinance shall become effective immediately upon adoption on <br />second reading. <br /> <br />Section 10. Severability. The provisions of this Ordinance are declared to be severable and if any <br />section, sentence, clause or phrase of this Ordinance shall, for any reason, be held invalid or <br />unconstitutional, such decision shall not affect the validity of the remaining sections, sentences, clauses and <br /> <br />Moratorium Ord, <br /> <br />-4- <br />